ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

April 27, 2015

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence A venue, SW

Washington, DC 20591

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

ArgenTech Solutions respectfully requests an exemption from several provisions of Title 

14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial 

systems (sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, 

Forest Fire monitoring, and Emergency Public Response. This request is motivated primarily by 

the desire to maximize safety during high-risk and hazardous operations, as well as assisting with 

public emergencies, and to mitigate any safety concerns associated with such operations. While 

an exemption would not eliminate the current need for in-person visual inspection and 

monitoring, it would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, 

resulting in a safer and more efficient valuation of public utilities, infrastructure, wild fire 

monitoring and emergency public response. 

Company Profile

ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business formed in March 2009 

as a NH-based S-corporation. Our company’s core competencies include providing Unmanned 

Aerial System (UAS) Field Service Representatives (FSRs) in support of Department of Defense 

(DoD), foreign governments, and civilian industry. AgTS is a professional aviation organization 

with significant experience in UAS operations, including: mission coordination/airspace 

deconfliction, UAS operations & maintenance, sensor applications, data compilation and 

analysis, and overall program safety.

AgTS has supported 182 deployments for DoD, with a combined total of 20,000 deployed

operational days. As an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) 

have accumulated over 40,000 hours of experience as Pilot-in-Command (PIC), with over 13,000 

UAS launches and recoveries for Group II and higher UAS. Our average FSR experience level is 

>950 hours PIC, >650 launches and recoveries. 

NOTES:

 All information pertaining to the proposed system can be found in Appendix A (OEM 

manual).
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 ArgenTech Solutions holds Unmanned Aircraft insurance with United States Aircraft 

Insurance Group (Policy Number SIHL1-142Y).

 ArgenTech Solutions intends to use the 3D Robotics Aero-M (The OEM Manual of which is 

attached as Appendix A) in its sUAS operations.

 ArgenTech intends to adopt ASTM F2500-07 Standard Practice for Unmanned Aircraft 

System (UAS) Visual Range Flight Operations (Attached as Appendix B) and ASTM F2909-

14 Standard Practice for Maintenance and Continued Airworthiness of small Unmanned 

Aircraft Systems (Attached as Appendix C).

Regulatory Provisions from which ArgenTech Solutions seeks an Exemption

ArgenTech Solutions believes it will need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand not feasible.

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b)(2)

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

ArgenTech Solutions believes an exemption is only needed from the above -listed 

regulatory provisions. To the extent that the FAA believes that additional relief is required for 

ArgenTech Solutions to conduct the operations described here, we request an exemption from 

any such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech Solutions’ specially trained and certified employees will conduct the sUAS

operations. While these individuals will have US FAA private pilot licenses, they will not hold

commercial pilot licenses. The sUAS will not carry “property for compensation or hire” since 

they will be used solely to assist in evaluation and inspections of public utilities and 

infrastructure. Without an exemption, the pilot would be required to hold a commercial pilot 

certificate under §61.133. However, the risk associated with the contemplated operations is less 

than the risk posed by a traditional manned aircraft. The sUAS will fly at altitudes well below the 

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a 

geographical envelope under the sole control of ArgenTech Solutions. Accordingly, the risk 

would be limited to ArgenTech personnel, who will be appropriately outfitted in safety gear. 

Requiring a commercial pilot certificate would provide no appreciable safety benefit and would 

needlessly impose additional costs on ArgenTech and its customers. Because the contemplated 

operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph 

(a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether 

that aircraft is in condition for safe flight. The pilot in command shall discontinue the 

flight when un-airworthy mechanical, electrical, or structural conditions occur.

There is no clear definition of “airworthy” as applied to the proposed sUAS, and the term 

has been defined in various ways depending on the applied circumstances. In all instances, it 

appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s 

documented type design or its type certificate, as modified by supplemental type certificates and 

airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a 

type design or type certificate, as the FAA has not developed standards applicable to sUAS. As 

discussed later in this document, the types of operations contemplated by ArgenTech will not

qualify the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) 

is requested. Should the FAA include airworthiness requirements as a condition of exercising the 

exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, 

ArgenTech believes that it can meet the requirements of §91.7(b), and is not requesting an 

exemption from that provision.

14 C.F.R. 91.9(b)(2)

§91.9 Civil aircraft flight manual, marking, and placard requirements.

...

(b) No person may operate a U.S.-registered civil aircraft --

...
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter unless there is available in the aircraft a current, approved manual

material, markings, and placards, or any combination thereof.

...

The sUAS comes with access to online manuals that provide instructions for the safe

operation and maintenance of the aircraft. Compliance with this regulatory provision is not

possible because this information has not been, and cannot be, approved by the FAA since there

are no applicable standards established by the FAA against which to evaluate it. Additionally, the 

sUAS is too small to carry a printed manual. Since, by definition, there will never be a person 

aboard the sUAS, ArgenTech submits that there is no need to require the manual to be placed on 

the sUAS and an exemption is appropriate. Safety will be maintained by keeping the flight 

manual at the ground control point where the PIC will have immediate access to it. Since the 

sUAS cannot be operated without the Ground Control Station containing the manuals, there is 

minimal risk that the manuals will become separated from the sUAS, and ArgenTech will be able 

to immediately locate the manuals to effectuate any needed repairs on the sUAS detailed in the 

flight manual.

14 C.F.R. 91.109

§91.109 Flight instruction; simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is

being used for flight instruction unless that aircraft has fully functioning dual

controls....

Small UASs, by their design, do not have fully functional dual controls. Flight control is

accomplished through the use of a Ground Control Station that communicates with the aircraft 

via radio communications (C2 Link). Aircraft being considered for use by ArgenTech allows the 

UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the 

event of the student losing control, the UAS Instructor can quickly and via alternate equipment 

(equipment not in the hands of the student) place the aircraft into a mode that then allows the 

instructor to bring the aircraft back into control and back to the pre-determined and/or safe 

landing location.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes:

...

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

...
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be 

meaningful. Since operations at this altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an exemption. The anticipated aircraft

operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not 

be needed from paragraph (a) because an emergency landing of the aircraft due to a power 

failure will not create an undue hazard to persons or property on the surface, as noted in the 

explanation of why an exemption will not adversely affect safety.

ArgenTech will have exclusive use of the land over which the sUAS will be operated, and 

public access is restricted. Controlled access to public utility land, structures or emergency

response areas assure that no individuals unassociated with the planned operations are within the 

affected area of operations. ArgenTech personnel are required to wear mandatory safety 

equipment, including hard hats, safety glasses whenever dispatched to a work site. As such, the 

risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes.

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed, to fly after that 

for at least 20 minutes.

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of

unanticipated conditions. ArgenTech does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport 

in order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking 

into account weather conditions) designed to allow the sUAS to fly to the point of intended 

landing. As such, there is no need for a time-based excess fuel requirement. Rather it should be 

sufficient to require only as much additional excess flight capacity as necessary to safely land the 

sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective.

14 C.F.R. 91.203(a) and (b)

§ 91.203 Civil Aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following:
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

(1) An appropriate and current airworthiness certificate. ...

(2) An effective U.S. registration certificate issued to its owner or, for operations 

within the United States, the second copy of the Aircraft Registration Application as 

provided for in §47.31(c), or a registration certification issued under the laws of a 

foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

...

The sUAS that ArgenTech intends to operate will not qualify for an airworthiness 

certificate unless the FAA chooses to issue them a restricted category certificate. This is because 

the sUAS do not meet the current conditions for either a standard airworthiness certificate or an

experimental airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental

airworthiness certificates are only available for research and development, showing compliance

with regulations, crew training, exhibitions, air racing, market surveys, operating amateur-built

aircraft, operating primary kit-built aircraft and operating light-sport aircraft. Until such time as

the FAA develops airworthiness standards applicable to sUAS for non -recreational and 

nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the 

requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS 

and applicable uniform standards since it is only through the development of the aircraft that the

FAA can reliably evaluate them and determine appropriate design standards.

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the

requirement for an airworthiness certificate based on a consideration of the size, weight, speed,

operational capability of the particular UAS, as well as its proximity to airports and popul ated

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by ArgenTech will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the conditions proposed in this request. The sUAS is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a

secured area as set out in the UAS Operating Manual (Appendix B). Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator and 

observer. Operations will be conducted in compliance with the FAA and with local public safety

requirements to provide security for the area of operation. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the sUAS, due 

to its size, speed of operation, location of operation, lack of explosive materials and inability to 

carry a substantial external load.

If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to 

comply with paragraph (b), so an exemption is merited there as well.

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter;

...

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or

alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, 

or alteration unless:

(1) It has been approved for return to service by a person authorized under §43.7 of 

this chapter;

...

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter.

...

ArgenTech believes that an exemption from these three maintenance requirements is

appropriate because the FAA has not developed maintenance standards for UAS that would 

allow an operator to meet the part 91 maintenance requirements. In particular, there are no 

individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or 

to conduct the initial airworthiness and annual return to service inspections r equired by

§91.409(a). ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM 

F2909(Attached as Appendix C), where applicable, and will not operate the aircraft until it has 

reasonably determined that any needed repairs have been made. However, because of the 

technical impossibility of meeting the requirements of §§91.405(a), 407(a) and 409(a), we 

believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns.

Respectfully,
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Marcel Piet

President-UAS Services

603-836-0588 X122 | Cell: 207-651-3476 

Email: mpiet@agts.us
 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Summary for Federal Register Publications

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register should the FAA determine that publication is needed.

Petitioner: ArgenTech Solutions

Sections of 14 C.F.R. Affected:

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b) (2)

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29,

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a),

91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or 

controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of 

public utility's and infrastructure and operations. In general, sUAS operations are intended to be 

conducted in areas remote from both congested areas and airports. The nature of operations 

anticipated by ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech

expects that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS and in no instances will be flown higher than 400 feet above 

the ground. Accordingly, the risk of interference with other aircraft is minimal.